Legal Dictionary of Pakistan

Degree

1. Generally, a classification or specification <degrees of proof>. 2. An incremental measure of guilt or negligence; a level based on the seriousness of an offense <murder in the first degree>. 3. A stage in a process; a step in a series of steps toward an end <the statute went through several degrees of development>. 4. A stage in intensity <a high degree of legal skill is required>. 5. In the line of descent, a measure of removal determining the proximity of a blood or marital relationship <the judge was recused because she was related to the plaintiff within the second degree of affinity> <the council member did not participate in the vote because he was related to one of the bidders within the first degree of consanguinity. - Also termed degree of kin. See AFFINITY (2); CONSANGUINITY.

Lambeth degree

Hist. A degree conferred by the Archbishop of Canterbury, rather than by a university, as authorized under the Ecclesiastical Licenses Act of 1533 (25 Hen. 8, ch. 21).

degree of care

A standard of care to be exercised in a given situation. See CARE.

degree of crime

1. A division or classification of a single crime into several grades of guilt, according to the circumstances surrounding the crime's commission, such as aggravating factors present or the type of injury suffered. 2. A division of crimes generally, such as felonies or misdemeanors. degree of kin. See DEGREE.

degree of negligence

One of the varying levels of negligence typically designated as slight negligence, ordinary negligence, and gross negligence. See NEGLIGENCE. "Although the common law concept of degrees of negligence has been criticized or repudiated in many jurisdictions, the usefulness of the view at common law that degrees of negligence exist is still recognized in a number of jurisdictions, particularly in regard to the distinction between ordinary and gross negligence. Furthermore, legislators have not been dissuaded from using the degrees of negligence concept when it is helpful to achieve a legislative purpose." 57A Am. Jur. 2d Negligence § 233, at 274 (1989).

degree of proof

See BURDEN OF PRODUCTION.

equal degree

A relationship between two or more relatives who are the same number of steps away from a common ancestor.

first-degree

adj. See DEGREE (2)

first-degree murder

Murder that is willful, deliberate, or premeditated, or that is committed during the course of another serious felony (often limited to rape, kidnapping, robbery, burglary, or arson). ( All murder perpetrated by poisoning or by lying in wait is considered first-degree murder. All types of murder not involving willful, deliberate, and premeditated killing are usu. considered second-degree murder. - Also termed murder of the first degree; murder one.

forbidden degree

See prohibited degree under DEGREE (5).

highest degree of care

1. The degree of care exercised commensurate with the danger involved. 2. The degree of care applied by people in the business or profession of dealing with the given situation. - Also termed extraordinary care; utmost care.

murder of the first degree

See first-degree murder.

principal in the first degree

See PRINCIPAL (2).

principal in the second degree

See PRINCIPAL (2).

prohibited degree

See DEGREE,

quasi-trustee. One who benefits from a breach of a trust to a great enough degree to become liable as a trustee.

second-degree murder

Murder that is not aggravated by any of the circumstances of first-degree murder. - Also termed murder of the second degree; murder two.

third degree

n. The process of extracting a confession or information from a suspect or prisoner by prolonged questioning, the use of threats, or physical torture <the police gave the suspect the third degree>.

third-degree instruction

See ALLEN CHARGE.

third-degree murder

A wrong that did not constitute murder at common law. ( Only a few states have added to their murder statutes a third degree of murder. The other states classify all murders in two degrees. Manslaughter is not a degree of the crime of murder, but instead is a distinct offense.